DeRidder Divorce Modification Lawyer

DeRidder Divorce Modification Attorney

Seeking a DeRidder divorce modification lawyer generally means your circumstances have changed since your divorce order was signed, but the paperwork filed with the court has not kept up. Maybe you lost your job. Maybe your ex moved out of state, remarried, or started violating the parenting plan. Or maybe the custody schedule that was workable two years ago is suddenly unsustainable.

The Godley Law Firm assists clients throughout DeRidder and Beauregard Parish with requests for modifications to custody, visitation, child support, and spousal support. Headed by Attorney William L. Godley, our team has decades of experience helping clients through all facets of the divorce process. When divorce settlements need modifications, our team is there to support our clients and pursue an agreement that meets their needs.

What Can Be Modified After Divorce

The marriage rate in the United States was 2.4 per 1,000, with Louisiana’s just slightly above at 3.7 per 1000. While many marriages last, there are some that do not. When they end, it is often due to divorce. While these proceedings are designed to create a plan to move forward, plans can, and sometimes need to, change.

With the divorce rate in Louisiana at 0.9 per 1,000, divorces are common. This also makes modifications far more common after a divorce. Despite popular misconception, people often think child support is the only type of family law support that can be modified. Louisiana family courts can modify many parts of a divorce order.

Exactly what can be modified depends on the facts of your case and how the original order was drafted. Issues commonly modified after divorce include:

• Child custody
• Visitation
• Child support
• Spousal support

Parents sometimes also ask for modifications because the other party is violating the agreement or because circumstances have changed so much that the current schedule just isn’t working, even if both parents are following the order perfectly.

The court won’t modify an order simply because you don’t like it anymore. If you want to change your divorce decree, you’ll need to understand Louisiana divorce modification laws and what is required to convince the court.

What Must Be Proven

Many modification requests hinge on a change in circumstances. Essentially, something occurred after the previous order was drafted that makes it unreasonable, unfair, or not in the child’s best interest to maintain the status quo.

A slight increase or decrease in income might not qualify. However, if you lose your job, develop a serious medical condition, or have a substantial change in parenting time, you could have grounds to pursue a modification to a current alimony settlement.

Expectations in Divorce Modification

Modification cases usually start by filing a request with the court and serving the other side. A modification case can then go through negotiations, mediation, a hearing, and possibly a trial if the issue is extremely contested.

If you’re asking the court to consider changing parenting time, child support, or alimony, then you may be asked to provide proof. This can include paychecks, childcare bills, school records, parenting time schedules, text messages, or other records relevant to the modification.

The purpose of a divorce modification case is to adjust existing arrangements rather than revisit the entire divorce proceedings. The judge is not there to determine who did what right or wrong in the marriage. They are there to determine what is fair now.

Hire a Divorce Modification Lawyer

If your ex is being unreasonable, or if something major has happened to your circumstances, there’s no reason to delay. You should hire a divorce modification lawyer when you have decided to make changes to your existing divorce order. If your divorce was heard in Beauregard Parish, your modifications will likely be held at the Beauregard Parish Courthouse located at 200 W 1st St, DeRidder, LA 70634.

For instance, if you become unemployed and delay requesting a modification of child support for several months, you will face more challenges. The court will not likely grant a retroactive modification just because you were struggling to pay. A DeRidder divorce modification attorney can help you file all the right paperwork, request a temporary order if appropriate, and avoid common mistakes that lead to denied modifications.

FAQs

How Long Does It Take to Modify a Custody Order?

It can take as little as a few months to months to change a custody order. This depends on whether the case is contested, the court’s calendar, and whether it’s an emergency motion. Some matters can be resolved within a couple of months if both parties agree. Uncontested matters will usually be heard faster than contested matters. An attorney can help you file the correct paperwork and request hearings to avoid delays.

How Do I Modify a Custody Order in Louisiana?

To change a custody order in Louisiana, you typically need to file a motion with the court that issued the original custody order. You must also prove there has been a material change in circumstances, or that the change is in the best interests of the child. The other parent must be formally served, and the court may require mediation or a hearing before modifying the order.

Can a Divorce Order Be Modified Without Going to Court?

Parents can agree to modifications verbally or in writing. However, if the parents have an informal agreement, that agreement is not legally enforceable. To protect yourself, any modifications to custody should be approved by the court and entered as a new judgment. If there is no court-approved modification, the original order still stands regardless of whether both parties have been acting under a different schedule for months.

What Counts as a Material Change in Circumstances?

A material change in circumstances means a change in the child or the parents’ lives that impacts parenting. It could be a relocation, a change in work schedule, a safety issue, a school problem, or an inability to follow the plan. The change shouldn’t be small or insignificant. It should warrant a modification to the custody order.

DeRidder Divorce Modification Lawyer

If you need a divorce modification, Godley Law Firm can help you. With the knowledge and experience of our team on your side, you can confidently navigate divorce modifications. Whether your initial divorce was amicable or not, modification proceedings can bring difficult conversations once thought to be over. Don’t face your modification case alone. Contact us today for a consultation.